A qualified disability?

KP68

Correct me if I'm wrong, but someone that says he/she has a tumor and needs occasional time off due to 'adjustments to medications and doctor appointments' would not be covered under the ADA, right??
My first reaction is that this one of the "Temporary Conditions" that is excluded.
(Oh, and this employee does not qualify for FMLA and is out of all sick time)

Any thoughts?

Hatchetman

Cancer has been held in individual cases to be a qualifying medical impairment under ADA. However, you need of course to make the specific assessment for this individual.

Medical impairments under ADA don't have to be permanent. They can be temporary, but they have to be long term. How long "long term" is, is the $64 question. I've seen some court cases cut it down to 10, 11, 12 months.

I strongly suggest that you get all the information about the impairment and make your assssment as to whether or not the employee meets the criteria for disability under ADA. Don't reject the request out of hand. And consult legal counsel, especially regarding the long term aspect.

If it turns out that he his ADA qualified, then modification of attendance and tardiness problems, or work schedules could be reasonable accommodations. However, if you would change work schedules merely on any employee's request, then do so here, if possible. It will save you time and effort and not get get you involved with ADA issues since you're not accommodating on the claim of medical impairment but merely an the employee's request that you would do for any employee without regard to medical condition.